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Re Kemsley (Case no 12-13570 (JMP))

(United States Bankruptcy Court (Southern District of New York), Honorable James M. Peck (United States Bankruptcy Judge), 22 March 2013)

Shortly after the hearing in Kemsley v (1) Barclays Bank plc (2) Fry (3) Provan the New York Court handed down judgment on the application by K's trustees in bankruptcy for recognition of the English bankruptcy under Chapter 15. The application was refused. The court held that at the time when K filed his bankruptcy petition (or alternatively when the bankruptcy order was made), his Centre of Main Interests (COMI) was in the United States. The court also found that K did not have an establishment in England at the material time so the English bankruptcy also did not qualify as foreign non-main proceedings.